Urmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15944 of 2023 ====================================================== Urmila Devi Wife of Sri Birendra Kumar Yadav, Resident of VillageBisunpur, P.O.- Birpur Harpatti, Ward No. 05, P.S.- Lokaha, DistrictMadhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Social Welfare, Govt. of Bihar, Patna.

2.

The Divisional Commissioner, Darbhanga.

3.

The District Magistrate, Madhubani.

4.

The District Programme Officer, Madhubani.

5.

The Child Development Officer, Lokaha, District- Madhubani. 6.

The Woman Supervisor, Panchayat- Birpur, C.D.P.O. Office, Lokaha, Madhubani.

7.

Savita Kumari, Wife of Dharmendra Yadav, Resident of Village- Bisunpur, P.S.- Lokaha, District- Madhubani.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Adv.

For the Respondent/s :

Dr.Md. Raisul Haque ( SC- 10 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-04-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(i) To issue a Writ in the nature of Certiorari to quash and cancel the Order dated 07.06.2023, passed in Anganbari Appeal No.32/2023, passed by Learned Court of Collector, Madhubani whereby and whereunder the Appeal, arising out of Order vide Memo No.274 dated 10.02.2023, passed in Case No.31/2020, passed by Learned District Programme Officer, Madhubani in connection

Patna High Court CWJC No.15944 of 2023(2) dt.08-04-2024 2/3 with ignorance of selection and appointment of petitioner on the post of Anganbari Sevika at Gram Panchayat Birpur, Wad No.5, Anganbari Centre No. 224, situated under Block-Khutauni, District-Madhubani has been rejected.

(ii) To hold and declare that the selection and appointment of private Respondent No.7, hereof, has been done in an illegal and irregular way which is not acceptable in the eyes of law.

(iii) To issue a Writ in the nature of Mandamus directing the respondent to select and appointment the petitioner in place of Private Respondent No.7 on the said post in said Anganbari Centre considering the merit list in accordance with law.

(iv) To hold and declare that the respondents have committed gross irregularity and illegality tantamount to causing harassment to the suitable and fit candidate who is the petitioner, which in violation of law emanating from Guideline-2016 and the Constitution of India."

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a suit before the learned Civil Court having

Patna High Court CWJC No.15944 of 2023(2) dt.08-04-2024 3/3 competent jurisdiction for redressal of her aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) sonal/- U